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Glossary of Commonly Used Terms
Accessible:
Easy to approach, enter,
operate, participate in, or use safely, independently and with dignity by
a person with a disability (i.e., site, facility, work environment,
service or program). Affirmative
Action: Proactive
action to accomplish the purposes of a program which is designed to
increase the employment opportunities of certain groups, which may involve
goals, timetables, or specifically outlined steps to be undertaken to
assure that objectives are reached. The Americans with Disabilities Act
does not mandate affirmative action for persons with disabilities, but
does require that covered entities ensure nondiscrimination. Title 5,
Section 503 of the Rehabilitation Act does require that affirmative action
be taken in employment of persons with disabilities by Federal
contractors. Alternate
Dispute Resolution (ADR): A variety
of procedures for the resolution of disputes. Each ADR procedure is a fair
and efficient alternative to court adjudication that must be entered into
voluntarily by all parties. Some of the more common ADR procedures include
arbitration, mediation, and conciliation. ADR is encouraged under the
Americans with Disabilities Act to resolve conflicts. Americans
with Disabilities Act (ADA): A
comprehensive civil rights law which makes it unlawful to discriminate in
private sector employment against a qualified individual with a
disability. The ADA also outlaws discrimination against individuals with
disabilities in state and local government services, employment, public
accommodations, transportation, and telecommunication. The law was enacted
in July 1990. The private sector employment provisions (Title I) became
effective for employers with 25 or more employees on July 26, 1992, and on
July 26, 1994, for employers of 15 or more employees. The public sector
employment provisions (Title II) became effective on January 26, 1992. Auxiliary
Aids and Services: Devices or
services that accommodate a functional limitation of a person with a
communication-related disability. The term includes qualified interpreters
and communication devices for persons who are deaf or persons who are hard
of hearing; qualified readers, taped texts, Braille or other devices for
persons with visual impairments; adaptive equipment for persons with other
communication disabilities; or similar services and actions. Competitive
Employment: Employment within an integrated setting where the worker
is receiving at least minimum wage and these wages are not being
subsidized by any form of assistance and no additional forms of support
service are provided. The
employment may be full or part time. Essential
Job Functions: The
fundamental job duties of the employment position that the individual with
a disability holds or desires. The term essential functions does not
include marginal functions of the position. Equal
Employment Opportunity: Nondiscrimination
in hiring, firing, compensation, promotion, recruitment, training, and
other terms and conditions of employment regardless of race, color, sex,
age, religion, national origin or disability. Individualized
Plan for Employment: An
individualized program plan specifically for the development of vocational
skills and abilities. The
plan outlines services to be received, the time frame in which goals are
accomplished, the duration of time involves, the expected outcome, and a
method of evaluating progress. The
Individual Plan for Employment is developed jointly by the individual and
the service provider. It
should reflect the client’s interest, aptitudes and goals. Individual
with a Disability: A person who has a
physical or mental impairment that substantially limits one or more of
that person’s major life activities, has a record of such impairment, or
who is regarded as having such impairment. Job
Coach: A person hired by the
placement agency or provided through the employer to furnish specialized
on-site training to assist an employee with a disability in learning and
performing a job and adjusting to the work environment. Job
Development: The process
of locating competitive jobs in the community that are appropriate for
individuals with disabilities. The
jobs are determined based on vocational assessment with reflects the
students interests and abilities. Job
development consists of community job market screening, employer
contract and job analysis. Major
Life Activity: Basic
activities that the average person in the general population can perform
with little or no difficulty, such as caring for oneself, performing
manual tasks, walking, seeing, hearing, speaking, breathing, learning and
working. Mentoring:
Mentoring is an educational process where the mentor serves as a role
model, trusted counselor or teacher who provides opportunities for
professional development, growth and support to less experienced
individuals in career planning or employment settings. Individuals receive
information, encouragement and advice as they plan their careers. Natural
Supports: Supports provided to an
employee with a disability from supervisors and co-workers, such as
mentoring, friendship, socializing at breaks or after work, providing
feedback on job performance or learning a new skill together. These
natural supports are particularly effective as they enhance the social
integration of the employee with a disability with his or her co-workers
and supervisor. In addition, natural supports are more permanent, part of
the workplace and more readily available than paid job coaches, thereby
facilitating long-term job retention. Qualified
Individual with a Disability: An
individual with a disability who satisfies the requisite skill,
experience, education and other job-related requirements of the employment
position such individual holds or desires, and who, with or without
reasonable accommodation, can perform the essential functions of such
position. Readily
Achievable: Easily
accomplishable and able to be carried out without much difficulty or
expense. In determining whether an action is readily achievable, factors
to be considered include nature and cost of the action, overall financial
resources and the effect on expenses and resources, legitimate safety
requirements, impact on the operation of a site and, if applicable,
overall financial resources, size and type of operation of any parent
corporation or entity. Reasonable
Accommodation: (1) Modification or
adjustment to a job application process that enables a qualified applicant
with a disability to be considered for the position such qualified
applicant desires; (2) modifications or adjustments to the work
environment, or to the manner or circumstances under which the position
held or desired is customarily performed, that enables qualified
individuals with disabilities to perform the essential functions of that
position; or (3) modifications or adjustments that enable a covered
entity’s employee with a disability to enjoy equal benefits and
privileges of employment as are enjoyed by its other similarly situated
employees without disabilities. Supported
Employment: An employment option
that facilitates competitive work in an integrated work setting for
individuals with the most severe disabilities (i.e., psychiatric, mental
retardation, significant learning disabilities, and traumatic brain
injury) for whom competitive employment has not traditionally occurred,
and who, because of the nature and severity of their disability, need
ongoing support services in order to perform their job. Supported
employment provides assistance such as job coaches, transportation,
assistive technology, specialized job training and individually tailored
supervision. Time Limited
Support: A student is in competitive employment and may need some
extra support such as job training, job development, job placement and /or
follow along on the job. Title
V of the Rehabilitation Act of 1973: Title
of the law which prohibits discrimination on the basis of a disability by
the Federal government, Federal contractors, by recipients of Federal
financial assistance, and in Federally-conducted programs and activities. Texas
Rehabilitation Commission: An adult service agency which provides
vocational services to people with disabilities.
Services may include assessment, counseling and guidance,
vocational training, job placement, etc.
Individuals must qualify for these services. Texas
Commission for the Blind: An adult service agency which provides
vocational services to people who are legally blind.
Services may include assessment, counseling and guidance,
vocational training, job placement, etc.
Individuals must qualify for these services. Undue
Hardship: With respect to the
provision of an accommodation, significant difficulty or expense incurred
by a covered entity, when considered in light of certain factors. These
factors include the nature and cost of the accommodation in relationship
to the size, resources, nature, and structure of the employer’s
operation. Where the facility making the accommodation is part of a larger
entity, the structure and overall resources of the larger organization
would be considered, as well as the financial and administrative
relationship of the employing facility to the larger organization. Vocational
Education: In the school
setting, it consists of a systematic, organized program including training
in business, home economics, health occupations, industrial arts,
marketing and distribution and trades and industry. Vocational education
involves entrepreneurship, as well as a set of attitudes, knowledge and
skills relative to jobs and job tasks.
Vocational education also prepares students for advanced training
and education at the post-secondary level. Vocational
Rehabilitation: Programs
designed to assist individuals with disabilities enter or reenter gainful
employment.
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